The Congressman who got away with murder

With wealth, power, and political connections, Daniel
Edgar Sickles knew how to get what he wanted. When the popular, albeit
emotional and volatile, Congressman from New York learned that the District
Attorney of Washington, D.C. was having an affair with his wife, he took
matters into his own hands.

Born on October
20, 1819 in New York City, Sickles married Teresa Bagioli, half his age and in
her mid-teens, in 1852. He was elected to Congress four years later. They had a
daughter, Laura, and were popular hosts to the Washington elite and insiders.
It was at one of these soirees that Teresa, youthful and charming with a lovely
round face, met the handsome and
connected Philip Barton Key, the local District Attorney. A widower, Key
beckoned from a famous family. His father, Francis Scott Key, wrote the
"The Star-Spangled Banner" while his uncle, Roger Taney, served as
Chief Justice of the United States Supreme Court. Key and Teresa soon started
an illicit romance, with Key going so far as renting a home to unsuccessfully
shield their trysts from an all-knowing public.

Sickles soon
learned of the affair upon receiving an anonymous letter. Like lightning
striking a mighty oak, Sickles, despite his past affairs, was jolted by the
news. He wept and groaned and confronted his young wife, who he forced to write
a confession. In it, she admitted, in part, that she “did what is usual for a
wicked woman to do.”

The next day,
February 27, 1859, the lovesick Key wandered near the Sickles home with the
hope of seeing his lover. Sickles spotted Key, who at forty was slightly older
than Sickles, and became enraged. In short order, he followed and confronted
his wife's lover, winding up in front of the White House. “Key, you scoundrel,
you have dishonored my house. You must die!”

Sickles drew a
pistol and fired. A near miss inflicting only a minor injury to Key’s hand. A
scuffle. Sickles pulled back and drew another gun. “Don’t murder me!” Key
cried. From a few feet away, Sickles shot Key in the upper leg. Key collapsed
to the ground, screaming for mercy.

Sickles again
pulled the trigger. Click. A misfire. He pulled it yet again. This time a
bullet went surging into Key’s body just below his heart. Sickles stepped even
closer. Click. Another misfire. A bystander jumped in. Too late.

Like the speed of the bullets leaving his gun, the news of the shooting shot
throughout the nation, monopolizing the headlines. Sickles confessed to the
killing and sat in jail where countless friends and politicians came to visit.
He bemoaned the state of his marriage even though his own adultery was well
known.

***

His murder trial
began April 4, 1859. Sickles' legal team was impressive, with future Secretary
of State Edwin Stanton and James Topham Brady, an insanity expert, representing
him. That temporary insanity had not been used before was no impediment to it
being used now.

Robert Ould
inherited the job as District Attorney. The trial at City Hall was crowded, the
weather hot and muggy. The prosecutor depicted Sickles as a walking arsenal,
intent on murder. Brady countered that Sickles was a hero doing away with Key,
a sexual predator. He also portrayed his client as being driven to temporary
insanity, pushed over the edge by an unfaithful wife. Sickles cried as the
witnesses testified.

After a nearly
month long trial, the jurors set off to decide Sickles’ fate. They didn't need
much time. After 70 minutes, they came back. Not guilty.

Sickles'
popularity, political connections and crafty lawyers all combined to save him.
He became the first defendant in America to successfully use the defense of
temporary insanity. His supporters rejoiced. Sickles soon recounted the details
of the shooting and casually admitted that he had every intention of killing
Key.

Epilogue

Despite his marital
woes, it was not adultery that ended his marriage but death. Teresa died in
1867 from tuberculosis. Sickles became a Union general during the Civil War and
lost a leg in defense of his nation. Despite his questionable decisions at
Gettysburg, he was awarded the Medal of Honor, although it took some 34 years
of probable campaigning to receive it. He remarried in 1871 and had two more
children, before parting ways due to his womanizing. At 93, he was accused of
embezzling $27,000 from the New York State Monuments Commission, which he
chaired. A year later, in 1914, he suffered a cerebral hemorrhage in New York,
died and was buried in Arlington National Cemetery.